CIVIL AVIATION ACT 1988 - SECT 31 Review of decisions

CIVIL AVIATION ACT 1988 - SECT 31

  (1)   In this section:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

"reviewable decision" means:

  (a)   a refusal to grant or issue, or a cancellation, suspension or variation of, a certificate, permission, permit or licence granted or issued under this Act or the regulations; or

  (b)   the imposition or variation of a condition, or the cancellation, suspension or variation of an authorisation, contained in such a certificate, permission, permit or licence; or

  (c)   a decision under subsection   30EF(3) (about reinstating a civil aviation authorisation that has been suspended or cancelled under Division   3D);

but does not include:

  (d)   a suspension of a civil aviation authorisation under section   30DC (suspension for contravening the serious and imminent risk prohibition); or

  (e)   a suspension or cancellation of a civil aviation authorisation under Division   3D (the demerit points scheme).

  (2)   Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

  (3)   Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision.

  (4)   A failure to comply with subsection   ( 3) in relation to a decision does not affect the validity of the decision.